|Court poised to drop fraud suit by Jets fan against Patriots|
|Written by Admin|
|Thursday, 12 June 2008 09:07|
Carl J. Mayer filed the lawsuit in September that maintained the Patriots' secret videotaping violated the contractual ``expectations and rights'' of Jets ticket holders ``to observe an honest match played in compliance with all laws and regulations.''
But Mayer, a lawyer in Princeton known for filing legal actions against New Jersey politicians, has done virtually nothing since to advance the litigation, which sought class-action status.
Records at U.S. District Court in Newark indicate Mayer's last action was a failed effort to serve the defendants with a copy of the complaint in October.
As a result, the court clerk advised Mayer last week that the lawsuit would be dismissed June 30 unless he gives a federal judge a reason it should continue. The clerk's notice cited a court rule allowing dismissal if no proceeding had occurred for 120 days - four months. No action had been taken for eight months.
Mayer insisted Thursday that he does not intend to abandon the case, which he filed with a frequent collaborator, lawyer Bruce I. Afran.
``There's another angle in the litigation we're going to pursue,'' Mayer said. ``We haven't dropped the ball.''
He declined to give details, but said it relates to the efforts of Sen. Arlen Specter of Pennsylvania, the Judiciary Committee's ranking Republican and a critic of the NFL's response to what has been called ``spygate.''
``He (Specter) uncovered additional facts regarding videotaping. We've been working to incorporate those with regard to other defendants,'' Mayer said. ``Could we have pressed on earlier? Yeah, but tactically, we are doing what we need to be doing.''
The Patriots were caught taping signals by Jets coaches, a violation of league rules, during the opening game of the 2007 season. New England won 38-14.
NFL commissioner Roger Goodell fined Belichick $500,000 and the team $250,000 for that incident, and stripped New England of a first-round draft choice.